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DEPARTMENT OF COMMUNITY AFFAIRS vs CITY OF APOPKA, 06-000851GM (2006)

Court: Division of Administrative Hearings, Florida Number: 06-000851GM Visitors: 36
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF APOPKA
Judges: T. KENT WETHERELL, II
Agency: Department of Community Affairs
Locations: Astatula, Florida
Filed: Mar. 10, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 15, 2007.

Latest Update: Dec. 22, 2024
FINAL ORDER NO. DCA07-GM-239 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS oy FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, . Petitioner, SAL Ge GR “igs vs. DOAH Case No. 06-08516M“< CITY OF APOPKA Respondent. / FINAL ORDER An Administrative Law Judge of the Division of Administrative Hearings has entered an Order Closing File in this proceeding. A copy of the Order is attached to this Final Order as Exhibit A. BACKGROUND This is a proceeding to determine whether the City of Apopka (City) Comprehensive Plan Amendments for site numbers 27, 33, 34, 39, 40, 43, 45, 46, 47, 48, 52, 59, and 60, adopted by Ordinance No. 1759 on December 21, 2005, are “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). The parties entered into a Stipulated Settlement Agreement which required the City to adopt certain remedial amendments. The City adopted the remedial amendments and, on September 14, 2007, the Department published its Cumulative Notice of Intent to find the plan FINAL ORDER NO. DCA07-GM-239 amendments and the remedial amendments to be “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. The Department subsequently filed with the Division of Administrative Hearings a Notice of Voluntary Dismissal. On October 15, 2007, the Administrative Law Judge issued his Order Closing File. No Exceptions to the Administrative Law Judge’s Order were filed. ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, and the Agency Clerk is directed to close the file. DONE AND ORDERED in Tallahassee, Florida. Shaw P. Stiller, General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER NO. DCA07-GM-239 NOTICE OF RIGHTS EACH PARTY IS HEREBY ADVISED OF ITS RIGHT TO SEEK JUDICIAL REVIEW OF THIS FINAL ORDER PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND FLORIDA RULES OF APPELLATE PROCEDURE 9.030(b)(1)(C) AND 9.110. TO INITIATE AN APPEAL OF THIS ORDER, A NOTICE OF APPEAL MUST BE FILED WITH THE DEPARTMENT’S AGENCY CLERK, 2555 SHUMARD OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100, WITHIN 30 DAYS OF THE DAY THIS ORDER IS FILED WITH THE AGENCY CLERK. THE NOTICE OF APPEAL MUST BE SUBSTANTIALLY IN THE FORM PRESCRIBED BY FLORIDA RULE OF APPELLATE PROCEDURE 9.900(a). A COPY OF THE NOTICE OF APPEAL MUST BE FILED WITH THE APPROPRIATE DISTRICT COURT OF APPEAL AND MUST BE ACCOMPANIED BY THE FILING FEE SPECIFIED IN SECTION 35.22(3), FLORIDA STATUTES. YOU WAIVE YOUR RIGHT TO JUDICIAL REVIEW IF THE NOTICE OF APPEAL IS NOT TIMELY FILED WITH THE AGENCY CLERK AND THE APPROPRIATE DISTRICT COURT OF APPEAL. MEDIATION UNDER SECTION 120.573, FLA. STAT., IS NOT AVAILABLE WITH RESPECT TO THE ISSUES RESOLVED BY THIS ORDER. FINAL ORDER NO. DCA07-GM-239 CERTIFICATE OF FILING AND SERVICE THEREBY CERTIFY that the original of the foregoing has been filed with the undersigned Agency Clerk of the Department of Community Affairs, and that true and correct copies have been furnished to the persons listed below in the manner described, on this / g day of October, 2007. U.S. Mail: The Honorable T. K. Wetherell, II Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 Frank C. Kruppenbacher, Esq. 9064 Great Heron Circle Orlando, FL 32836 Hand Delivery: Leslie Bryson, Esquire Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 Paula Ford Agency Clerk Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Dan R. Stengle, Esq. Vinette Godelia, Esq. Hopping, Green & Sams, P.A. 123 South Calhoun Street Tallahassee, FL 32301

Docket for Case No: 06-000851GM
Issue Date Proceedings
Oct. 19, 2007 Final Order filed.
Oct. 15, 2007 Order Closing File. CASE CLOSED.
Oct. 12, 2007 Notice of Voluntary Dismissal filed.
Jul. 13, 2007 Order Continuing Case in Abeyance (parties to advise status by October 15, 2007).
Jul. 13, 2007 Joint Status Report filed.
Jun. 04, 2007 Order Continuing Case in Abeyance (parties to advise status by July 13, 2007).
Jun. 01, 2007 Joint Status Report filed.
May 01, 2007 Order Continuing Case in Abeyance (parties to advise status by June 1, 2007).
Apr. 30, 2007 Joint Status Report filed.
Jan. 30, 2007 Order Continuing Case in Abeyance (parties to advise status by April 30, 2007).
Jan. 29, 2007 Joint Status Report filed.
Nov. 30, 2006 Order Continuing Case in Abeyance (parties to advise status by January 29, 2007).
Nov. 29, 2006 Joint Status Report filed.
Nov. 09, 2006 Notice of Appearance (filed by D. Stengle).
Oct. 30, 2006 Order Continuing Case in Abeyance (parties to advise status by November 29, 2006).
Oct. 27, 2006 Status Report filed.
Jul. 31, 2006 Order Continuing Case in Abeyance (parties to advise status by October 27, 2006).
Jul. 31, 2006 Status Report filed.
May 25, 2006 Order Continuing Case in Abeyance (parties to advise status by July 25, 2006).
May 22, 2006 Status Report filed.
Mar. 22, 2006 Order Placing Case in Abeyance (parties to advise status by May 22, 2006).
Mar. 16, 2006 Response to Initial Order filed.
Mar. 13, 2006 Initial Order.
Mar. 10, 2006 Department of Community Affairs Notice of Intent to Find the City of Apoka Comprehensive Plan Amendments not in Compliance filed.
Mar. 10, 2006 Statement of Intent to Find Comprehensive Plan Amendment not in Compliance filed.
Mar. 10, 2006 Department of Community Affairs` Petition for Formal Administrative Hearing filed.
Source:  Florida - Division of Administrative Hearings

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